IPR Cell

INTELLECTUAL
PROPERTY

Intellectual property (IP)
encompasses the expression of ideas, information and knowledge. IP includes not
only discoveries and inventions but also music, literature and other artistic
works, as well as words, phrases, symbols and designs.

Intellectual Property Rights (IPR)
are the legal rights protecting the owners of IP. The first owner of IP is
normally either the person who invents, authors or designs the IP, or his/her
employer (depending on the contractual arrangements governing his/her work).
Commercial exploitation of the IP can occur directly by the owner of the IP, or
by licensing the IP to be used by other companies.

MANAV
RACHNA I.P.R. CELL

In a University, IP can be
considered as the outcome of research projects, collaborations, consultancies and
other activities. It is imperative that an IPR cell must be established for any
self sufficient university to meet the needs of the academic fraternity. At
Manav Rachna, the IPR cell was established under MRIIC in February 2017.

The research community has developed
norms and values for how scientific results are obtained and disseminated. The
University will protect and safeguard the academic staff’s customary and
statutory right to decide whether and in what way a scientific publication is
to be published. Therefore, it is part of the University’s IPR policy to
provide positive incentives to the employees for commercial use of the results
of their work when circumstances permit and for traditional dissemination and
public use of ideas, findings and intellectual property (including teaching
material) that has been produced at the University.

OBJECTIVES

Training, Awareness and Motivation

To create awareness about IPR within the faculty
members and students of the University.

Academic and Research Institutions
are concerned with successfully managing projects and research initiatives and
the protection of their IP Rights which will benefit all stake holders. Manav
Rachna I.P.R. Cell is governed by the University Intellectual Property Rights
Policy which was established in April 2017.

SALIENT
FEATURES OF THE POLICY:

Manav Rachna University, Faridabad shall be the owner,
with the creators specially stated as inventors for all the intellectual
property inventions, software designs and specimens created by the
creators who include regular faculty members, research scholars, students
and those who make use of the resources of the University.

Right to be in joint name: -The patent shall be taken
in the joint names of the University and the inventor

The inventor may retain ownership if the IP is
developed without use of University resources and time.

The expenses in connection with the registration of any
I.P.R. shall be borne by the University.

Any profit accruing from the patent shall be shared
between the University and the inventor as per policy.

The person responsible for the invention or discovery
shall render free service to the University in connection with the
exploitation of the patent. The terms on which patents may be offered for
exploitation shall be determined solely by the University.

The University faculty and students may publish their
research outputs provided that are not copyrightable/patentable
intellectual property.

The process to be followed for filing a patent has been
explicitly defined in the policy, and is to be followed for an efficient
process.

OBLIGATIONS
OF THE INVENTOR

Disclose the invention in a thorough manner.

Have trust on the I.P.R. cell and provide information
as and when asked for.

Provide assistance throughout the period of
Intellectual property rights procedures.

FREQUENTLY
ASKED QUESTIONS

Q. What is a Patent?

A Patent is a statutory right for an
invention granted for a limited period of time to the patentee by the
Government, in exchange of full disclosure of his invention for excluding
others, from making, using, selling, importing the patented product or process
for producing that product for those purposes without his consent.

Q. Does Indian Patent give
protection worldwide?

Patent protection is a territorial
right and therefore it is effective only within the territory of India.
However, filing an application in India enables the applicant to file a
corresponding application for same invention in convention countries, within or
before expiry of twelve months from the filing date in India. Therefore,
separate patents should be obtained in each country where the applicant
requires protection of his invention in those countries. There is no patent
valid worldwide.

Q. Is it possible to file international
application under Patent Cooperation Treaty (PCT) in India?

It is possible to file an
international application known as PCT application in India in the Patent
Offices located at Kolkata, Chennai, Mumbai and Delhi. All these offices act as
Receiving Office (RO) for International application. The addresses of these
offices are available on the website of CGPDTM i.e. www.ipindia.nic.in.

Q. What can be patented?

An invention relating either to a
product or process that is new, involving inventive step and capable of
industrial application can be patented. However, it must not fall into the
categories of inventions that are non- patentable under section 3 and 4 of the
Act.

Q. Who can apply for a
patent?

A patent application can be filed
either by true and first inventor or his assignee, either alone or jointly with
any other person. However, legal representative of any deceased person can also
make an application for patent.

Q. How can I apply for a
patent?

A patent application can be filed
with Indian Patent Office either with complete specification or with
provisional specification along with fee as prescribed in schedule I. In case
the application is filed with provisional specification, then one has to file
complete specification within 12 months from the date of filing of the
application. There is no extension of time to file complete specification after
expiry of said period.

Q. Is there provision for filing patent
application electronically by online system? From 20th July, 2007 the Indian
Patent Office has put in place an online filing system for patent application.
More information for filing online application is available on the website of
Patent Office i.e. www.ipindia.nic.in. This facility is also available for
filing trademarks application.

Q. What are the criteria of
patentability?

An invention to become patentable
subject matter must meet the following criteria –
i) It should be novel.

ii) It should have inventive step or
it must be non-obvious

iii) It should be capable of
Industrial application.

iv) It should not fall within the
provisions of section 3 and 4 of the Patents Act 1970.

Q. Should application for patent be
filed before or after, publication of the details of the invention?

The application for patent should be
filed before the publication of the invention and till then it should not be
disclosed or published. Disclosure of invention by publication before filing of
the patent application may be detrimental to novelty of the invention as it may
no longer be considered novel due to such publication. However, under certain
conditions, there is grace period of 12 months for filing application even
after publication.